christian law Flashcards
Persons by whom marriages may be solemnized
dude who has received ordiained- clergyman of scotland- minister of religion, bishop or any person liscenced under s9 etc
if the marriage is not solemnised within 2 months- the certificate shall expire and is void.
THe solemniser of the marriage must register the marriage under Birth, death and marriage registration act on behlf of the bride and groom
marriage when valid
m21, f18, no living spouse, 2 credible witnesses, ilawful wedded wife etc bolna hai
. Grounds for dissolution of marriage unilateral
adultry, conversion to diff religion, suffering from communicable veneral disease for atleast 2 years before petition, not been heard of as alve for 7 yrs, wilfull refusal to consummate, not complied with restitution of congjugal, deserted petitioner for atleast 2 years, cruelty enoough to cause reasonable apprehension of injury and harm of living together,
wife may apply for dissolution if husb has been guilty of rape sodomy beastiality
mutual consent dissolution
live seperately for 2 years+ mutually agree to dissolve
marriage will be dissolved within 6-18 months of petition- no earlier than that to give them a chance to revoke petition
adultry dissolution
The petitioner must prove that the respondent has committed adultery.
The petitioner must not have condoned the adultery. In other words, the petitioner must not have forgiven or accepted the adultery committed by the respondent.
The petitioner must not have committed adultery themselves.
The adultery must have taken place within six months before the filing of the petition.
adultress corespondent to be named unless the petioner is unaware of the name, of the adultress or if she is dead
s10,11 of indian divorce act
nullity of marriage
if respondent is impotent at time of marriage and suit, if they are within prohibited degrees of f consanguinity, if either party is lunatic or idiot at time of marriage, if bigamy
children of annuled marriage
in a marriage annuled due to lunacy- children are treated as legitimate heirs fo the parent that i scapable of contracting at the time of marriage
judicial seperation
judicial seperation may be granted for 2+ years on grounds of adultry, cruelty or desertion
wife spinster?
In every case of a judicial separation under this Act, the wife will be treated as a spinster for any property she gets after the separation. She can sell or give away this property just like an unmarried woman. When she dies, it will go to her children if she has any. even in judicial seperation the wife may be treated as an unmarriad woman for the purpose of contracts of suits
conjugal rights restitution
Request to get back your marriage rights.—When either the husband or the wife has left the other and withdrawn from society without a good reason, either the wife or the husband can petition and that there is no legal reason why the request shouldn’t be granted, it can order restitution of conjugal rights.
